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CHEMSOL, LLC v. U.S.

Slip Op. 13-35. Court Nos. 11-00516, 11-00517.

901 F.Supp.2d 1362 (2013)

CHEMSOL, LLC, Plaintiff, v. UNITED STATES, Defendant. MC International, LLC, Plaintiff, v. United States, Defendant.

United States Court of International Trade.

March 20, 2013.

Attorney(s) appearing for the Case

George W. Thompson, and Russell A. Semmel, Neville Peterson LLP, of New York, NY, for the Plaintiffs.

Justin R. Miller, Michael Panzera, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for the Defendant. With him on the briefs were Stuart F. Delery, Acting Assistant Attorney General; Jeanne E. Davidson, Director; and Reginald T. Blades, Jr., Assistant Director. Of counsel on the briefs were, Yelena Slepak, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, and Michael Panzera, Office of the General Counsel, United States Trade Representative.

OPINION

POGUE, Chief Judge:

In these actions, Plaintiffs MC International, LLC ("MCI") and Chemsol, LLC challenge the United States Customs and Border Protection's ("Customs") extension of the statutory liquidation period for their entries of citric acid. Plaintiffs seek relief declaring the extensions unlawful such that the entries have therefore been "deemed" liquidated by operation of law. The Defendant moves to dismiss for lack of subject matter...

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